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Regulations

The Online Shop www.offroad-express.com is committed to respecting consumer rights. The consumers may not waive the rights conferred on them by the Consumer Rights Act. The provisions of the sales contracts concluded over the online store, which deem less favourable to the consumer than the provisions of the Consumer Rights Act, shall be considered null and void, and they shall be replaced by the provisions of the Consumer Rights Act. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights conferred on the consumer by the mandatory provisions of law, and any possible doubt shall be explained for the benefit of the consumer. In the event of any inconsistencies between these Terms and Conditions and the above regulations of the Consumer Rights Act, priority shall be given to these regulations, and they shall be applied accordingly.
  1. General Provision
    1. The Online Shop available at the Internet address www.offroad-express.com is run jointly by business partners who operate as a civil law partnership under the name ASPORTS GROUP S.C. MICHAŁ SZEWCZYK, CEZARY URBAŃCZYK (business address: ul. Bazarowa 1, 30-742 Kraków Poland, and address for service: ul. Bazarowa 1, 30-742 Kraków Poland), NIP Number [Tax Identification Number] 6793077560, REGON Number [National Business Registry Number] 122438006, email address: sales@offroad-express.com, i.e. the NIP Number and the REGON Number belonging to MICHAŁ SZEWCZYK, who operates under the name MICHAŁ SZEWCZYK ASSASSINS PAINTBALL (business address: ul. Kameliowa 12, 30-898 Kraków Poland), the entry to the Central Register and Information on Economic Activity of the Republic of Poland conducted by the Ministry of Finance, under NIP Number [Tax Identification Number] 6792704569, REGON Number [National Business Registry Number] 120411227; and CEZARY URBAŃCZYK, who operates under the name CEZARY URBAŃCZYK (business address: ul. Księcia Józefa 39 lok. 4, 30-206 Kraków Poland), the entry to the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for the economy under NIP Number [Tax Identification Number] 6772188969, REGON Number [National Business Registry Number] 120925009.
    2. These Terms and Conditions apply to both consumers and business entities who use the Online Shop services (excluding Point 9 of the Terms and Conditions which applies only to business entities).
    3. The Service Provider is identified as the controller of personal information processed in connection with the implementation of the provisions inherent in these Terms and Conditions. Personal information shall be processed for the purposes, in respect of and in accordance with the principles outlined in the Privacy Policy, as published on the Online Shop's website. Providing any personal information is voluntary. Every person, whose personal information is processed by the Service Provider, has the right to access its content, and to update or amend it.
    4. Definitions:
      1. WORKING DAY – is any day from Monday to Friday, excluding public holidays.
      2. REGISTRATION FORM – is a form available at the Online Shop which allows the customers to create their online store account.
      3. ORDER FORM – Electronic Service, is an interactive form available on the Online Shop's website which allows the Customer to submit their Orders, by adding Products to their electronic shopping basket and by determining the conditions of the Sales Contract, including the payment options and delivery methods.
      4. CUSTOMER
        1. (1) a natural person with full legal capacity and, in cases provided by the generally applicable rules and regulations, also a natural person with limited legal capacity;
        2. (2) a legal person;
        3. (3) an entity without legal personality, which is granted legal capacity by the law, that has entered into or intends to enter into a Sales Contract with the Seller.
      5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
      6. ACCOUNT – Electronic Service, a set of resources in the ICT system of the Service Provider in which the data provided by the Customer and any information on their Orders placed at the Online Shop are collected. The account is protected by a username (login) and a password provided by the Customer.
      7. NEWSLETTER – Electronic Service, an electronic information delivery service rendered by the Service Provider via email. It allows all Service Users to automatically receive subsequent editions of the Newsletter containing information on Products, new offers and promotions at the Online Shop from the Service Providers.
      8. PRODUCT – a movable good available at the Online Shop and the subject of any Sales Contract between the Customer and the Seller.
      9. TERMS AND CONDITIONS – are all the listed Terms and Conditions of this Online Shop service as described in this document.
      10. ONLINE SHOP - the online shop run by the Service Provider at the Internet address: www.offroad-express.com.
      11. SELLER; SERVICE PROVIDER – identified as a business entity that operates as a civil law partnership under the name ASPORTS GROUP S.C. MICHAŁ SZEWCZYK, CEZARY URBAŃCZYK (business address: ul. Bazarowa 1, 30-742 Kraków Poland and address for service: ul. Bazarowa 1, 30-742 Kraków Poland), NIP Number [Tax Identification Number] 6793077560, REGON Number [National Business Registry Number] 122438006, email address: sales@offroad-express.com, i.e. MICHAŁ SZEWCZYK, who operates under the name MICHAŁ SZEWCZYK ASSASSINS PAINTBALL (business address: ul. Kameliowa 12, 30-898 Kraków Poland), the entry to the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for the economy under Tax Identification Number 6792704569, National Business Registry Number 120411227; and CEZARY URBAŃCZYK, who operates under the name CEZARY URBAŃCZYK (business address: ul. Księcia Józefa 39 lok. 4, 30-206 Kraków Poland), the entry to the Central Register and Information on Economic Activity of the Republic of Poland conducted by the Ministry of Finance under NIP Number [Tax Identification Number] 6772188969, REGON Number [National Business Registry Number] 120925009.
      12. SALES CONTRACT – a contract for the sale of a specific product concluded between the Customer and the Seller via the Online Shop.
      13. ELECTRONIC SERVICE – a service provided online to the Service User by the Service Provider via the Online Shop.
      14. SERVICE USER
        1. (1) a natural person with full legal capacity and, in cases provided by the generally applicable rules and regulations, also a natural person with limited legal capacity;
        2. (2) a legal person;
        3. (3) an entity without legal personality, which is granted legal capacity by the law, who uses or intends to use the Electronic Service.
      15. CONSUMER RIGHTS ACT, ACT – the legal act established on May 30, 2014 (Journal of Laws of 2014, item 827, with further amendments).
      16. ORDER - a declaration of intent submitted by the Customer using the Order Form with the aim of entering into a Sales Contract with the Seller.

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  2. Electronic Services Provided By The Online Store
    1. The Online Shop provides the following Electronic Services: Account, Order Form, and Newsletter.
      1. Account - the Service User is authorised to use the account only after completing two consecutive steps required by the Service Provider: (1) by filling in the Registration Form and (2) clicking on the Register button. The Service User is required to provide the following information in the Registration Form: full name, address (including street, house/apartment number, postcode, city, province, country), email address, contact phone number, and password.
        1. The Electronic Account Service shall be provided free of charge and for an indefinite period of time. The Service User may delete the Account (cancel the Account) at any time and without providing any reason by making a suitable request to the Service Provider, preferably by an email sent to the following address: sales@offroad-express.com, or by post sent to the following address: ul. OFFROAD EXPRESS ul. Bazarowa 1, 30-742 Kraków POLAND.
      2. Order Form - the Customer begins using the Order Form by entering their first Product selected at the Online Store to the electronic shopping basket. The Customer places the Order by completing a total of two consecutive steps: (1) by filling in the Order Form, and (2) clicking on the Confirm Your Order button at the Online Shop. Until then, the Customer may modify the Order details (in order to do this, the Customer needs to follow the prompts and information available at the Online Shop). The Customer is required to provide the following information in the Order Form: full name, address (including street, house/apartment number, postcode, city, province, country), email address, contact phone number and password and the Sales Contract details: Products, total count of the Products, delivery address, shipping option, and the payment method. A Customer who is not a consumer is additionally required to provide the name of their company and their Tax Identification Number.
        1. The Electronic Order Form Service shall be provided free of charge and on one-off basis. The order form is considered as completed once the Order has been placed with the use of the Order Form. The Consumer has also the right to withdraw from placing the order while using the Order Form.
      3. Newsletter - the Service User may use the Newsletter service as soon as they have provided their email address, at which to receive subsequent editions of the Newsletter, and clicked the button in the Newsletter section displayed on the Online Shop's website. The Service User may also subscribe to the Newsletter by ticking a suitable checkbox when registering the Account or when placing the Order. Therefore, the Service User shall subscribe to the Newsletter when registering the Account or placing the Order.
        1. The Electronic Newsletter Service shall be provided free of charge and for an indefinite period of time. The Service User may unsubscribe from the service (cancel the service) at any time and without providing any reason by making a suitable request to the Service Provider, preferably by an email sent to the following address: sales@offroad-express.com, or by post sent to the following address: ul. OFFROAD EXPRESS ul. Bazarowa 1, 30-742 Kraków POLAND.
    2. The following technical requirements have to be met in order to access and use the ICT system offered by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to email; (3) a Web browser: Mozilla Firefox 17.0 or higher, Microsoft Internet Explorer 10.0 or higher, Opera 12.0 or higher, Google Chrome 23.0 or higher, Safari 5.0 or higher; (4) the minimum recommended screen resolution: 1024x768; (5) both cookies and Javascript must be enabled in the browser.
    3. The Service User is obliged to use the Online Shop in a manner that is consistent with the law and reflective of shared community values while respecting the moral rights and copyright of the Service Provider and any third parties associated. The Service User is obliged to provide true information about themselves. The Service User is prohibited to provide any content which might be considered as unlawful or offensive.
    4. Complaints procedure:
      1. Complaints related to the provision of Electronic Services that are offered by the Service Provider and other complaints related to the Online Shop (with the exception of the notice of defect procedure indicated in Point 6 of the Terms and Conditions) may be submitted to the Service Provider any time by the Service User.
      2. In writing to the following address: OFFROAD EXPRESS ul. Bazarowa 1, 30-742 Kraków POLAND;
      3. By email to the following email address: sales@offroad-express.com;
      4. It is recommended that the Service User provides the following details in the complaint: (1) information and facts concerning the subject of the complaint, in particular the type of irregularities and the date of their occurrence; (2) their claim; and (3) their contact details, as this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements set out in the preceding sentence are for recommendation purposes only and do not affect complaints submitted without the aforestated details.
      5. The Service Provider shall respond immediately to the complaint, which is no later than 14 calendar days from the date of its submission.

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  3. Terms And Conditions Of The Sales Contract
    1. The conclusion of the Sales Contract between the Customer and the Seller shall take effect once the Order has been placed by the Customer using the Order Form that is available at the Online Shop, pursuant to Point 2.1.2 of the Terms and Conditions.
    2. The Product price displayed on the Online Shop's website is shown in Polish Zloty currency and it includes Value Added Tax. As the Customer places the Order and declares their intent to enter into a Sales Contract, the Online Shop shall provide information to the Customer on the total price of the Product which is the subject of the Order, together with its shipping costs (including charges for transport, delivery and postal services) and any other costs related. If it is impossible to determine the amount of any additional charges, the Online Shop shall inform about the obligation to pay them.
    3. 3. Sales contract procedure at the Online Shop using the Order Form
      1. The conclusion of the Sales Contract between the Customer and the Seller deems effective once the Order has been placed by the Customer at the Online Shop pursuant to Point 2.1.2 of the Terms and Conditions. Once the Order has been placed, the Seller shall immediately confirm the receipt and proceed to execute the Order. The Order confirmation and its subsequent execution shall take effect when the Customer is informed about this fact by the Seller via email. The email should contain at least a statement informing that the Order has been received, is accepted for execution, and that a confirmation that the Sales Contract has been concluded. Once the Customer has received the email, the Sales Contract between the Customer and the Seller shall be concluded.
    4. The content of the Sales Contract shall be preserved, secured and made available to the Customer by:
      1. (1) providing access to these Terms and Conditions on the Online Shop's website
      2. (2) sending to the Customer the email mentioned in Point 3.3.2. of the Terms and Conditions. The content of the Sales Contract shall be additionally preserved and secured in the IT system of the Online Shop that belongs to the Seller.

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  4. Terms And Methods Of Payment
    1. The Seller provides the following methods of payment as part of the Sales Contract:
      1. Payment on delivery.
      2. Payment in cash on personal collection.
      3. Payment by wire transfer to the bank account of the Seller.
        1. Bank: Bank Polska Kasa Opieki S.A
        2. IBAN: 25 1240 4719 1111 0010 4307 7080 (payments in PLN currency).
        3. Bank: Bank Polska Kasa Opieki S.A
        4. IBAN: 46 1240 4719 1787 0010 4307 7240 (payments in PLN currency).
        5. Bank: Bank Polska Kasa Opieki S.A
        6. IBAN: 21 1240 4719 1978 0010 4353 7135 (płatność w walucie EUR).
      4. With regard to electronic payments and credit card payments via PayU.pl – the currently accepted methods of payment are set out on the Online Shop website in the Payment Options section and on the PayU website: http://www.payu.pl.
        1. Electronic transactions and payments by credit card shall be settled according to the Customer's choice through PayU.pl. Electronic transactions and payments by credit card shall be handled by:
          1. PayU.pl – which is operated by PayU SA based in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), registered in the Register of Entrepreneurs of the National Court Register, District Court for Poznań-Nowe Miasto and Wilda, under the National Court Register entry (KRS) Number 0000274399, with the share capital fully paid up of 4,000,000 PLN, NIP Number [Tax Identification Number] 779-23-08-495.
      5. Payments in instalments shall be carried out in full or in part with funds from the loan granted by Santander Consumer Finance SA (Santander Consumer Finance SA, based in Wrocław, ul. Strzegomska 42c, 53-611 Wrocław, with the share capital fully paid up of 20,000,000 PLN, registered in the Register of Entrepreneurs, Commercial Division 6 of the National Court Register, District Court for Wrocław-Fabryczna, under the entry Number KRS 0000094876, NIP Number [Tax Identification Number]: 8981011992, REGON Number [Business Registry Number] 930695605).
    2. Date of payment:
      1. Where the Customer chooses to pay in cash upon personal collection, bank transfer, electronic payment or credit card payment, they are obliged to pay within 7 calendar days from the Sales Contract conclusion date.
      2. Where the Customer chooses payment on delivery, they are obliged to pay immediately upon delivery in order to receive the good(s).

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  5. Shipping Methods And Costs And Collection And Delivery Times
    1. The Seller shall charge the Customer for the delivery of the Product unless the Sales Contract provides otherwise. Shipping charges (including charges for transportation, delivery and postal services) are set out on the Online Shop's website in the Shipping section. These charges are also displayed to the Customer when they place their order or declare their intent to enter into a Sales Contract with the Seller.
    2. Personal collection of the Product by the Customer shall be free of charge.
    3. The Seller provides the following methods of Product collection and delivery to the Customer:
      1. Shipment by courier (pre in an upfront fashion or upon delivery).
      2. Pallet shipment.
      3. Products are available for personal collection at our shop located at  ul. Bazarowa 1, 30-742 Kraków – on Working Days between 9 am and 5 pm after prior appointment.
    4. The Product shall be delivered to the Customer within 3 Working Days unless a shorter time limit has been provided in the description of the Product or in the information displayed to the Customer as they place their Order. If the Order includes Products with different delivery / lead time dates, the maximum time limit provided shall be applied, which nonetheless may not exceed 3 Working Days. The lead time for the Product to be delivered to the Customer starts to run in the following situations:
      1. When the Customer chooses bank transfer, electronic payment or payment by card as their payment method, the period starts to run from the day the payment has cleared in the Seller's account.
      2. When the Customer chooses payment on delivery, the period starts to run from the day the Sales Contract has been concluded.
      3. When the Customer chooses to pay in instalments, the period starts to run from the day the Seller has been informed by the creditor about the loan agreement concluded with the Customer, which nonetheless is no later than the day the funds from the loan granted to the Customer have cleared in the Seller's account.
    5. When the Customer chooses personal collection, the Product shall be ready for the Customer to collect within 2 Working Days unless a shorter time limit has been provided in the description of the Product or in the information displayed to the Customer as they place their Order. Where Products have different ready-to-collect dates, the maximum time limit provided shall be applied, which nonetheless shall not exceed 2 Working Days. Once the Product is ready to be collected, the Customer shall be additionally notified by the Seller. The period for the Product to be collected by the Customer starts to run:
      1. When the Customer chooses bank transfer, electronic payment or payment by card as their payment method, the period starts to run from the day the payment has cleared in the Seller's account.
      2. When the Customer chooses to pay in cash upon personal collection, the period starts to run from the day the Sales Contract has been concluded.
      3. When the Customer chooses to pay in instalments, the period starts to run from the day the Seller has been informed by the creditor about the loan agreement concluded with the Customer, which nonetheless is no later than the day the funds from the loan granted to the Customer have cleared in the Seller's account.

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  6. Notice Of Defect
    1.  If the Product sold has a natural or legal (warranty) defect, the basis and the extent of the Seller's liability to the Customer are regulated by the generally applicable provisions of law, in particular by the Civil Code. For Sales Contracts concluded by 24 December 2014, the basis and the extent of the Seller's liability for the non-compliance of the Product with the Sales Contract to the Customer who is a natural person and purchases the Product for purposes unrelated to professional or commercial activities are regulated by the generally applicable provisions of law, in particular by the Act on Special Conditions for Consumer Sales and the Amendment to the Civil Code of 27 July 2002 (Journal of Laws of 2002, No. 141, item 1176, with further amendments).

    2. 6.2.      The Seller shall provide the Customer with a Product without defects. Detailed information on the Seller's liability for defects in the Product and customer rights are provided on the Online Shop's website in the Notice of Defect section.
    3. The Customer may submit a notice of defect:
      1. in writing to the following address: ul. Bazarowa 1, 30-742 Kraków POLAND;
      2. or by email to the following email address: sales@offroad-express.com;
    4. It is recommended that the Customer provides the following details in the notice:
      1. (1) information and facts concerning the subject of the complaint, including information regarding the type of defect and the date of its occurrence;
      2. (2) their claim for the Product to comply with the Sales Contract or for the price to be reduced or the cancellation of the Sales Contract;
      3. (3) their contact details, as this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements set out in the preceding sentence are for recommendation only and do not affect complaints submitted without the recommended details.
    5. The Service Provider shall respond immediately to the complaint, which is no later than 14 calendar days from the date of its submission. If the Seller fails to respond to the complaint within the above deadline, the Complaint shall be considered valid.
    6. A Customer who exercises the rights under statutory warranty is obliged to deliver the defective product at the expense of the Seller to the following address: OFFROAD EXPRESS ul. Bazarowa 1, 30-742 Kraków. If the Product is extremely difficult to deliver due to its type or the way it has been installed, the Customer is obliged to make the Product available to the Seller at the place where the product is located.

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  7. Extrajudicial Ways To Handle Customer Complaints And Redress And Rules Of Access To These Procedures
    1. Detailed information on the extrajudicial ways to handle complaints and redress, together with the access rights to this type of information for a Customer, who is a consumer, are available at the premises and on the websites of the District (Municipal) Consumer Ombudsman Office, social organisations whose statutory tasks include consumer protection, Provincial Inspectorate Trade Offices, and the following Internet addresses of the Office for Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.php.
    2. A Customer who is a consumer may seek the following extrajudicial ways to handle their complaint and redress:
      1. The Customer is entitled to submit a request to the Permanent Consumer Arbitration Court referred to in Article 37 of the Act on Trade Inspection of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended) to resolve a dispute resulting from the Sales Contract. The rules according to which permanent consumer arbitration courts operate and are organised are determined by the Order of the Minister of Justice of 25 September 2001 on the Rules of Organization and Operation of Permanent Consumer Arbitration Courts (Journal of Laws of 2001, No. 113, item 1214).
      2. The Customer is entitled to submit a request to the Provincial Trade Inspectorate Office pursuant to Article 36 of the Act on Trade Inspection of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended) to initiate a mediation procedure to bring to an end by amicable settlement the dispute between the Customer and the Seller. Information on mediation rules and procedures carried out by the Provincial Trade Inspectorate Office is available at the premises and on the websites of the local branches of the Provincial Trade Inspectorate Office.
      3. The Customer may receive free assistance to settle the dispute between the Customer and the Seller by using the services of the District (Municipal) Consumer Ombudsman Office and social organisations whose statutory tasks include consumer protection (including the Consumer Federation and Polish Consumers Association). Relevant advice is provided by the Consumer Federation at porady@dlakonsumentow.pl and by the Polish Consumers Association at a toll-free consumer hotline number 800 889 866.

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  8. Right Of Withdrawal (Concerning Sales Contracts Concluded By 25 December 2014)
    1. A Customer who has entered into a distance contract may withdraw from it within 14 calendar days without providing any reason and at no cost, with the exception of the costs referred to in Point 8.8 of the Terms and Conditions. The period for withdrawal shall be deemed to have been observed if the Customer sends a withdrawal form before its expiry. The declaration of withdrawal may be submitted:
      1. in writing to the following address: OFFROAD EXPRESS ul. Bazarowa 1, 30-742 Kraków POLAND;
      2. by email to the following email address: sales@offroad-express.com;
    2. A model withdrawal form can be found in Attachment 2 to the Consumer Rights Act, and has additionally been included in Point 11 of the Terms and Conditions and on the Online Shop's website in the Right of Withdrawal section. The consumer may use the model form, but it is not mandatory.
    3. The period for the withdrawal procedure starts to run as follows:
      1. for the contract which stipulates that, by providing the Product, the Seller is obliged to transfer its ownership (e.g Sales Contract), the period starts to run from taking possession of the Product by the consumer or a person designated by the third party other than the carrier, and in the case of contracts which: include a number of products which are delivered separately, in batches or in parts, the period starts to run from taking possession of the last Product, batch or piece; or (2) provide for the regular delivery of the Products for a definite period of time, the period starts to run from taking possession of the first of the Products.
    4. for other contracts, the period starts to run from the day the contract has been concluded.
    5. If the Customer withdraws from a distance contract, the contract shall be considered null and void.
    6. The Seller is obliged to immediately return all payments made by the consumer, which is no later than 14 calendar days from the date of receipt of the consumer's declaration to withdraw from the contract, including the shipping costs (with the exception of the additional costs resulting from the shipping method selected by the Customer which is other than the cheapest shipping method offered by the Online Shop). The Seller shall refund the payment using the same method of payment as that used by the consumer unless the consumer has expressly agreed otherwise and the return does not incur any additional costs on the part of the consumer. If the Seller has not offered to collect the Product from the consumer, they may withhold the refund of payments received from the consumer until the Product has been returned by the consumer or the consumer has supplied the evidence of its return, whichever is the earliest.
    7. The consumer is obliged to return the Product to the Seller or give it to a person authorized by the Seller to collect it no later than 14 calendar days from the date on which they withdraw from the contract, unless the Seller has offered to receive the Product themselves. The Product return deadline shall be deemed to have been observed if the Customer returns the Product before its expiry. The consumer may return the Product to the following address: OFFROAD EXPRESS ul. Bazarowa 1, 30-742 Kraków. The consumer shall be held responsible if the Product depreciates in value as a result of its handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.
    8. Possible costs related to the consumer's withdrawal from the contract shall be incurred by the consumer:
      1. If the consumer chooses a shipping method other than the cheapest shipping method available at the Online Shop, the Seller shall not be required to reimburse additional costs incurred by the consumer.
      2. The consumer shall incur the direct cost of returning the Product.
      3. When the Product is a service which provision, at the express request of the consumer, began prior to the deadline of the withdrawal from the contract, the consumer who exercises the right of withdrawal, once they have filed such a request, is required to pay for the services provided prior to the withdrawal. The amount payable shall be calculated in proportion to the extent of the services provided, including the price or remuneration stipulated in the contract. If the price or remuneration proves excessive, the calculation of the amount payable shall be based on the market value of the service provided.
    9. The right to withdraw from a distance contract shall not be granted to the consumer in respect of the following contracts:
      1. (1) for the provision of services if the Seller has fully provided the service with the express consent of the consumer, and the latter is informed prior to the provision that they will lose the right to withdraw from the contract once the service has been completed;
      2. (2) in which the price or remuneration is dependent on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the contract withdrawal deadline;
      3. (3) for the provision of a non-prefabricated Product manufactured according to the specifications of the consumer or customised to meet their individual needs;
      4. (4) in which the Product supplied is undergoing rapid decay or has a short shelf life;
      5. (5) for the provision of Products which are supplied in sealed packaging and cannot be returned after opening the packaging due to health or hygiene reasons;
      6. (6) for the provision of Products which, due to their nature, have been inseparably amalgamated with other moveable goods to create a uniform product;
      7. (7) for the provision of alcoholic beverages the price of which has been agreed at the conclusion of the Sales Contract and the supply of which can only take place after 30 days and whose value is dependent on fluctuations in the market over which the Seller has no control;
      8. (8) in which the consumer has specifically demanded that the Seller arrives at their premises to make urgent repairs or provide maintenance services; if the Seller provides additional services other than those required by the consumer or provides Products other than replacement parts necessary to make repairs or provide maintenance services, the right of withdrawal shall be granted to the consumer in respect of additional services or products;
      9. (9) for the provision of visual or audio recordings or computer software delivered in sealed packaging if the packaging has been opened after delivery;
      10. (10) for the provision of newspapers, periodicals or magazines, with the exception of subscription contracts;
      11. (11) concluded at a public auction;
      12. (12) for the provision of accommodation other than for residential purposes, the carriage of goods, car rental, catering, leisure services and entertainment, sports or cultural events if the contract indicates the day or period in which the service is to be provided;
      13. (13) for the provision of digital content which is not saved on a tangible medium if the provision of the service has begun with the express consent of the consumer before the expiry of the deadline to withdraw from the contract and after receiving the notice from the Seller about the loss of the right of withdrawal by the consumer.

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  9. Provisions For Businesses
    1. This point of the Terms and Conditions and the provisions therein apply only to those Customers and Service Users who are not consumers.
    2. The Seller has the right to terminate the Sales Contract concluded with a Customer who is not a consumer within 14 calendar days of its conclusion. In this case, the withdrawal from the Sales Contract may be effected without providing any reason and shall not lead to any claims being made against the Seller on the part of the Customer.
    3. The Seller has the right to restrict the methods of payment available to Customers who are not consumers. This includes a requirement to prepay their Orders in whole or in part, regardless of the method of payment selected by the Customer together with the Seller’s ability to recognize the fact that the Sales Contract has been concluded.
    4. As soon as the Seller gives out the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product shall be transferred to a Customer who is not a consumer. In this case, the Seller shall not incur any liability for loss, defect or damage that may arise after the dispatch acceptance, its delivery to the Customer, and for any shipment delay.
    5. If the Product is shipped to the Customer via the carrier, a Customer who is not a consumer is required to examine the shipment in time and in a manner generally accepted for deliveries of this kind. If the Customer finds that a loss of or damage to the Product has occurred during transport, they are obliged to make all actions necessary to establish the liability of the carrier.
    6. Pursuant to Article 558, Paragraph 1 of the Civil Code, the Seller's liability under the warranty for the Product to a Customer who is not a consumer shall be excluded.
    7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without specifying reasons by sending a suitable statement to the Customer.
    8. The Service Provider's/Seller's liability to a Service User/Customer who is not a consumer, regardless of its legal basis, shall be limited both with regard to a single claim as well as for a sum total of claims up to the price paid and the shipping cost stipulated in the Sales Contract that does not exceed the amount of 1,000 PLN. The Service Provider/Seller must not incur any liability to a Service User/Customer who is not a consumer for typical damage foreseeable at the time of the conclusion of the contract, but they shall incur a liability for profits lost by a Service User/Customer who is not a consumer.
    9. Any dispute arising between the Seller/Service Provider and the Customer/Service User shall be referred for determination to the court having territorial jurisdiction over the Seller's/Service Provider's registered office.

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  10. Final Provisions
    1.  Contracts concluded by the Online Shop shall be concluded in Polish.
    2. Amendments to the Terms and Conditions:
      1. The Service Provider reserves the right to make amendments to these Terms and Conditions for important reasons, i.e. changes in law; changes in payment and delivery methods, in so far as these changes do not affect the implementation of the provisions of these Terms and Conditions.
      2. When a continuous contract has been concluded pursuant to these Terms and Conditions (e.g. the Provision of Electronic Services: Account), the amendments to these Terms and Conditions shall be binding upon the Service User if the requirements stipulated in Article 384 and 384 [1] of the Civil Code have been preserved, i.e. if the Service User has been suitably informed of the amendments and has not terminated the contract within 14 calendar days from the date of notification. When an amendment to these Terms and Conditions entails any new fees or an increase in the existing fess, a Client who is a consumer shall be granted the right to withdraw from the contract.
      3. When a contract other than a continuous contract has been concluded pursuant to these Terms and Conditions (e.g. the Sales Contract), the amendments to these Terms and Conditions shall in no way affect the rights acquired by a Service User/Customer who is a consumer before the amendments to the Terms and Conditions take effect; in particular, the amendments to the Terms and Condition shall in no way affect Orders which are already submitted or are being submitted and Sales Contracts which are concluded, executed or completed.
    3.  For any matters that are not included in the aforestated Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular the Civil Code; the Act on Electronic Services of 18 July 2002 (Journal of Laws of 2002, No. 144, item. 1204, as amended); for sales contracts concluded by 24 December 2014 with Customers who are consumers, the Act on Protection of Consumer Rights and Liability for Damage Caused by a Dangerous Product of 2 March 2000 (Journal of Laws of 2000, No. 22, item. 271, as amended) and the Act on Special Conditions for Consumer Sales and the Amendment to the Civil Code of 27 July 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for sales contracts concluded from 25 December 2014 with Customers who are consumers, the provisions of the Consumer Rights Act of 30 May 2014. (Journal of Laws of 2014. item 827, as amended); and other relevant provisions of applicable law.

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  11. Model withdrawal form
    1. Model withdrawal form - (Attachment 2 To The Consumer Right Act)


      Model withdrawal form

      (the form must be completed and returned only if the Customer wishes to withdraw from the contract)

      –    Recipient:

      ASPORTS GROUP S.C. MICHAŁ SZEWCZYK, CEZARY URBAŃCZYK
      ul. Bazarowa 1, 30-742 Kraków
      sales@offroad-express.com
      www.offroad-express.com

      –    I/we(*) hereby inform that I/we(*) would like to withdraw from a contract for the sale of the following items(*), a contract for the delivery of the following items(*), a contract for a specific work to produce the following items(*) and/or provide the following services(*).

       

      –    Date of the contract (*)/reception(*)

      –    Consumer's name

      –    Consumer's address

      –    Consumer's signature (only if the form is submitted in writing)

      –    Date

      (*) Delete as appropriate.



      Ready Model Withdrawal Form: download


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